§269E-2  Definitions.  As used in this[chapter], unless the context clearly requires otherwise:

"Agency" means any state or countydepartment, commission, board, bureau, office, or other establishment of thestate or county government or semi-autonomous part thereof.

"Approximate location of subsurfaceinstallation" means a strip of land not more than thirty inches on eitherside of the exterior surface of the subsurface installation, and does not referto the depth of the subsurface installation.

"Center" means the one call center.

"Commission" means the publicutilities commission.

"Committee" means the one call centeradvisory committee.

"Damage" means:

(1)  The substantial weakening of the structural orlateral support of a subsurface installation;

(2)  The penetration or destruction of any protectivecoating, housing, or other protective device of a subsurface installation; or

(3)  The partial or complete severance of a subsurfaceinstallation.

"Demolition" means the wrecking,razing, rendering, movement, or removal of a structure or mass of material bymeans of tools, equipment, or the placement and discharge of explosives.

"Emergency" means a sudden,unexpected occurrence involving a clear and imminent danger, demandingimmediate action to prevent or mitigate loss of or damage to life, health,property, or essential public services.

"Excavation" [Repeal andreenactment on June 30, 2012.  L 2009, c 72, §5.] means any operation inwhich earth, rock, or other material in the ground is moved, removed, orotherwise displaced by means of tools, equipment, or explosives, including butnot limited to the following:  grading, trenching, digging, ditching, boring,drilling, auguring, tunneling, scraping cable or pipe plowing and driving,demolition, and dredging.  "Excavation" shall not include anyoperation in which earth, rock, or other material in the ground is moved,removed, or otherwise displaced by means of tools, equipment, or explosives aspart of:

(1)  Improving an existing principal place of residencefor one or two families, or improving or constructing an appurtenance thereto,on a parcel of land two acres or less in size, zoned for residential use, whichis used or occupied or is developed, devoted, intended, or permitted to be usedor occupied as a principal place of residence for one or two families; or

(2)  Any pest control activity regulated under chapter460J.

"Excavator" means any person,including an operator, who performs any excavation, other than an operatorwhose employees are performing maintenance work on the operator's subsurfaceinstallation.

"Inquiry identification number" meansthe number issued by the center to every excavator who contacts the center forthe purpose of excavating.

"One call center" means a privateprovider selected by the commission pursuant to section 269E-5 that providesadvance warning to excavators of the location of subsurface installations inthe area of an excavation for the purpose of protecting those installationsfrom damage.

"Operator" means any person who owns,operates, or maintains a subsurface installation.

"Person" means any individual, firm,joint venture, partnership, corporation, association, agency, cooperative orjoint stock association, contractor, subcontractor, operator, or other entity.

"Subsurface installation" means anypipeline, conduit, cable, duct, wire, sewer line, storm drain, vault, or otherstructure that is located underground.

"Working day" means every day from7:00 a.m. to 5:00 p.m., except Saturday, Sunday, or any federal or stateholiday. [L 2004, c 141, pt of §1; am L 2009, c 72, §2]